The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-02
MUST PREPARE FOR TRIAL
Judge Woods Overrules the Motion to
Quash the Conspiracy Indictments.
To Be Ready to Begin the Trial of
the Cases ON July 10.

In the United States Court yesterday morn
ing, before Judge Woods. the persons indicted
for conspiracy in connection with the election
last November, appeared either personally or
through attorneys. Messrs Herd g. Hendricks
were there for Perkins, W. d. Bynum for Beck,
Fl. n Span for himself and Judge McNutt and
Messrs. Byfeld 81 Rowland for the other defend
ants. The matter under discussion was the
motion to quash the indictments. which Judge
McNutt said was defective because it did not set
forth the section of the statute under which the
prosecution instituted. He argued that the
indictment should also give the names of the
persons person from whom Inspector Hisey
received the election papers 1t should also be
shown, he said, that some persons person were
lawfully entitled to the papers. The attorney
found another objection in the absence of
averment that the tally sheets contained the
vote for Congressman. and because, he said,
there was no allegation that there was candi-
date for Congress. 1t was averred in the indict-
ment he continued, that the conspiracy had for
its purpose the procuring of the papers from
Hisey to make changes in them. Judge McNutt
concluded by calling in question the jurisdiction
of the court.
Judge Rowland in supporting the motion.
said presidents In indictments of this kind
showed that they were prefaced by averments as
q
claimed that it did not appear that the tally
sheets which the changes were made, and
upon which the indictment is found, were those
that came into the possession of the county clerk
He maintained that, In regard to the safe-keep-
ing of the papers by the clerk, there were spe
cific statutory provisions, but as to those re-
tanned by the inspectors there were no statutory
provisions.
District Attorney Sellers argued that it
not necessary to aver the law in an Indictment.
The averment of the fact of a conspiracy and of
the act ir accom- plished was alone necessary.
He said that the law made it the duty of each
inspector carefully keep one set of election
papers which he was required to return to the
clerk. Under the United States statutes max
ing the violation of State election laws viola
ton of federal law, the inspectors were federal
officers. In referring to the act accomplished
by the conspirators, MIR. Sellers termed it ''as
unlawful in conception, criminal IN detail and
damnable in results.
Judge Woods, in reviewing the several points
argued by the defendants attorneys, quoted lib
orally from authorities that were opposite to the
claims of the attorneys. He overrued the mo-
ton and held that the indictments were good
and sufficient.
Upon this the defendants were arraigned and
pleaded not guilty. except Mr.. Perkins, whose
attorney asked delay in order to confer with the
district attorney.
Judge McNutt gave notice of excepting
Judge Woods's ruling in dismissing the motion to
quash. The latter then said that public policy
demanded an immediate trial of these and
he would therefore require the attorneys TO be
ready on July 10. when the cases would be
called aud the clerk directed to Issue a
special venire for sixty jurors, but none of them
are to be taken from this congressional district.